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Full text of "To the people of the State of North Carolina"






















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T® THE FE®FLE 



THE STATE OF NORTH CAROLINA. 

^ ^ \a g V 4 ':3 "t g vv *< ^/^ 



We have seen, wilk mingled feelings of surprise anJ inor- 
'sidcation, a circular issued by W. jVIuntgomkry and M. 
'T. Hawkins, dated House ot' Representatives, 8th June, 1840. 
We are surprised that members cf Congress should have lie- 
scended from their high stations to have made charges so un- 
bounded in fact, and we are morlilied beyond measure that 
^ those members should have come from North Carolina. We 
vieem it a duty to you, we deem it duo to ourselves, to expose 
the misrepresentations of this circular, and, in doing so, we 
-shall endeavor to treat its authors with all due respect, 
while we avoid their example, and remember to maintain our 
'own self-respect, 

IVluch of the abusive language applied to Gfeneral Har- 
bison we shall not notice. His character is beyond the 
s-each of such assaults. For a long period he has been in the 
service of his country; he has often risked his life for that 
country ; he rjsked liis political life, and sacrificed his seat in 
Congress on account cf his regard for the rights of the South- 
ern States. We challenge the most rigid examination into 
nis character. We defy the most severe exercise of malicious 
criticism into his military conduct and into his civil history. 
Thus far, every attack has proved he was better than he ap- 
jpeared before, aitd, as Americans, proud of the reputation of 
our distinguished countryman, we invite attention to his his- 
tory. The miserable exploded slander that he is a " bank, 
federal, abolition" candidate is utterly unworthy of notice. 
The policy of the Van Buren potty has created and fostered 
hundreds of State banks. We will at any time compare notes, 
■and will prove hundreds of federalists to belong to the same 
party. Numerous instances can be given of their receiving 
high offices from JMr. Van Buren. Nothing is more susccp- 
'Cibie of proof than the fact that the abolitionists have nomi- 
nated candidates of their own, and that they are opposing Hjr- 
aisoN, shoulder to shoulder, with the Van Buren party. 

To show the People of our State who are the abolitionists, 
whoareco-labo^rs with f/lessrs. IMontgomf.ry and Ha^vkins 
in their unwortny warfare, weaskthtt the letter of Duncan, of 
Ohio, may be examined. To^ive evidence of the fiendish 
malignity with which the South is assailed by Van Buren 
men, we hope the declarations of Tappin may be remember- 
sd ; the man who ofl'ered to subscribe S500 to buy powder 
and shot for the negroes, to aid Ihem in insurrection ! These 
■jnen are members of the same parly with our colleagues — all 
tiniling in vilifying an old soldier who has served his country 
well — all uniting in their efforts to elect a man President of 
the United States who approves of the proceedings of a Court 
Martialin which negro lesiiajony was admitted against a white 
man ! 

But we dismiss this. It has been too often refuted to claim 
■further notice at our hands. The authors of this circular 
could not have made any man in his senses believe this charge, 
itfort they wrote this extraordinary circular. AfUr such an 
exhibition of disregard of facts as this circular affords, they 
and their endorsers must rely upon something beyond bare 
assertion to gain credit fortfcejr statements. 

But what do Hiey say in this circular's General Har- 
rison is charged by them, on the first page of their circu- 
lar, with " acts and voles" in favor of laws to sell " white 
' men and white women for sheriffs' fees, clerks' fees, and 
' lawyers' fees, and fines imposed by courts, who, from their 
' poverty, were so poor as to be unable to pay these costs in 
' money." We submit whether the statement does not bear 
Its own refutation on its face. The act related to " crimes 
and punishments." It applied siily to those who were ser„- 
tenced, on conviction of any crime or breach of any penal law, 
«o pay " a fine or fines, imlh or wilhout the costs of prosecu- 
tion." The reading of the law e.\poses the groundless charge; 
because it says "with or wilhout the costs of prosecution." 
Messrs. iVI. &. H. would have you believe that, in enacting this 
law, the clerks', lawyers', and sheriffs' fees were alone con- 
sulted, It was intended as a punislxmcnt for crivies, such as 



horse stealing, hog stealing, burglary, arson, &c,, which ara 
expressly mentioned in the law, when the criminals were 
" on conviction" sentenced to pay a fine, " with or without 
the costs of prosecution " 

rUessrs. M. and H. seem to think this law would operate 
only on those v/ho, " from their poverty, were so poor as to be 
unable to pay these costs in money !" If it had been intended 
to alTict those only who "from their poverty were so poor," 
we suppose those who "from" any other cause were "so 
poor" would never have been sold under this law ! Meesrs. M, 
and H. seem to think there are two classes of poor men; 
first, " the poor" simply, and then, secondly, those who " from 
their poverty are so poor !" But we are willing to give these 
authors the full benefit of their extract from this law, and 
we quote the law of Indiana, as contained in the circular ; 

Extract from the Laws of tlie Indiana Territory, printed at 
Viiicennes, by Messrs Stout and Smoot, in 1807, andnowm 
the Librari/ of the Slate Department, Wasliington city. 
CHAPTER Vi, 
An act respecting Crimes aod Punisliraents. _ . 
Sec. 30. When any person or peisons shall, on conviction of 
any clime or breach of any penal law, be sentenced to pay a fins 
or fines, with or without the costs of prosecution, it shall and™*? 
be lawful for the court before whom such couvi ,;ioii shill,*)i ni,d 
to order the sheriff to sell or hire the person or i.Tsaa^vJ con- . 
victed to service lo any person or persons who will piy.tho said 
fine ami aasU, for such term of time as the said court ^lialijudgf 
reasonable. 

And ii such person or persons, so sentenced and hired or sold, 
shall abscond frtjm the service of his or her master or unstress 
bofore the -.erm of such servitude shjll be expired, he or she so 
absconding shall, on conviction before a justice of the peace, bs 
whipped with thirty-nine stripes, and shall, moreover, serve two 
days for every one so lost. 

Sec. 31. The judges of the several courts of record in this Ter- 
ritory shall give this act in charge to the grand jury at each and 
every court in which a grand jury shall be sworn. 

' JESSE B. THOMAS, 

Speaker of the House of Reoresenlatives. 
B. CHAMBERS, 
President of the Council. 
A-pprovcd, September 17, 1807. 

WILLIAM HENRY HARRISON. 

Indiana, at this tirue, was a Territory; she bad not be- 
come a Slate; she had no penitentiaiy— probably she had 
few jails in her borders. If a vagrant had roblied a man of 
his horse, or stolen his hog, although the vagrant misht have 
owned property to the amount of a thousand dollars, still, un- 
der this law, he might have been " hired to service" for sued 
term of time as theCourt "judged reasonable." The object 
of the law was to punish and to reform offenders. Under 
this law a notorious olTender could be hired out, for six or 
twelve months, and made to work instead of beingconfincd 
in jail, and fed at public expense out of the taxes paid by ho- 
nest " good neighbor men." The law reached not only 
those who " from their poverty were so poor" as to be un- 
able to pay costs, but those who might be able to pay costs, 
and who deserved to be hired out and nutde to work. It is 
perfectly plain, therefore, that this law was made for, and 
applied only to persons convicted of crimes, and it could only • 
be carried into effect after indictment by a grand jury, and 
after conviction by twelve free men, who heard testimony on 
oath. And yet IMessrs. M. and H. in their circular, say, 
that, under this law, poor white men and white women could 
bo " sold by the sheriff, at public auction, as slaves .'" Ara 
"slave5"sold for such term oftime as Courts deem reasonable," 
on conviction for crimes'? As well might it be said appreii- 
tices are sold as slaves. Is it not an insult to you, does it 
not evince a contempt for your understandings, when such 
slaleroenls are published for your examination'? But yve 
will not misrepresent— we quote the werds from the third 
page cf the ciicukr ; 



57^ 



" We deeui conunent iierIcbs, and will therefore only say iImI, 
on Ihe Irth of Seplember, 1S07, General William Henry Huri- 
son, the then Governoi of llio Territory of Indiana, and hnldine 
the sole control of all the laws in his own bunds, actually signed 
the above bill, which provides thai poor vhite men and women, 
who are from their poverty unable to pay sheriff's' fees, clerks^ 
fees, lawyers' fees, and court fines, should be Sold by the sheriff] 
at public auction, as slaves. How nonld you feel to see one of 
your poor but respectable and good neighbor vien sold at auc- 
tion by the sherilT of your county as a slave, under this Harrison 
law, to some free 7icgro ? And only think of what would be your 
feelings to see one ol your poor but respectable ncigiibor women 
knocked otT under the sherilV's hammer to a free negro as his 
slave, to be under his Ciimmand.^, and compelled to obey them, 
whatever they might be ; and should she resist and disobey and 
leave her black tnosler's service, and he sliould apprehend her, 
and drag her before a single justice of the peace, and, under this 
Harrison law, have thirty-nine lashes inflicted, upon his white fe- 
male slave, and then compel her to serve two days for every one 
she hid lost from her oluck master's service, would you be willing 
to vole for such a man as President 1 And this is the bank federal 
Whig candidate's former opinions and acts to which he refers us, 
and adopts as his present opinions and principles ; and this uwn, 
with these principles, is the nominee of the great Harrisburg and 
Baltimore bank, federal, abolition Conventions for President of 
these United Slates ; and they strongly solicit your votes for him, 
and particularly demand the votes of poor inen, while at the same 
time he actually refuses to be seen by, or even spoken to by a 
pour man ; and you are asked by these federal Whigs to take 
him upon his foruier expressed opinions and acts, and they as 
above stated." 

We take it for granted that any intelligent man will see 
at once this misstatement, and will, as soon as the law is 
read, be entirely satisfied that selling a horee thief, or a hog 
thief, or one who had comuiilled forgery or perjury, after he 
had been " convicted" by twelve men, cannot properly or with 
truth be said to be selling " respectable and good neighbor 
men" for lawyers' fees. 

AVe know the People, " the respectable and good neighbor 
men," of North Carolina too well to believe, for one moment, 
that Ihey would oppor'e the election of Gen. Harrison because 
he wished to punish thieves, forgers, and perjured wretches. 
One who did not know our people would suppose that 
North Carolina was a den of thieves, from reading this 
circular. How could honest people suffer by such a law 1 
No honest man could complain of it. It was passed to pro- 
tect honest men against those who violated the laws of 
God and man, and relieve honest men from taxes. And 
surely no North Carolinian, residing in that State, remarkable 
for the general good character, the orderly and correct deport- 
ment of its people, can be influenced by such appeals. We 
pronounce this attempt an unworthy artifice, unbecoming 
members of Congress, representing honest men, as the au- 
thors of this circular do, and insulting to the Peo])le of North 
Carolina, who would suffer as little by such laws as any other 
people in the world. 

But there is another misrepresentation in the extract last 
quoted, which cither betrays an unpardonable ignorance in 
those who profess to hold themselves ready to answer " ai^y 
inquiries which may be asked," or shows a wilful departure 
from the truth. Messrs. M.and H. as if they were electioneer- 
ing among convicts from a penitentiary, ask " How would 
you feel to see one of your poor but respectable and good 
neighbor men sold at auction by the sherin'of your county, 
as a slave, under this Harrison law, to some free negro V If 
Gen. Harrison had ever sanctioned a law by which a free 
negro was aulhorized to buy a poor and respectable man, he 
would dcoerve, and would receive from us, nothing but the 
severest censure. Instead of feeling justly proud, as Ameri- 
cans, of his glorious victories in the field over the British and 
Indian forces, we should blush to hear the name of Harrison. 
Instead ot reflecting, with icelings of exultation, on the 
events of a long and well-spent life, on the unsullied integrity 
of hid character as a soldier and as a statesman, we should 
Bay he deserved the curses of every " respectable good neigh- 
bor man." But what is the real slate of Ihe easel In many 
of Ihe States of the Union there are similar laws, and the 
idea of a white man bi ing sold to a free negro seems never to 
have been thought of by any one but Messrs. Montgomery 
and Hawkins. 

The law of North Carolina, which many of the members 
^ of Assembly in iNortU Carohna voted lor, does not contain 



any clause forbidding a free negro to hire a convict. Like 
parricide among the Athenians, there was no law to prevent 
it, for no man, it was thought, could be wicked enough to 
commit the crime. Will it be said that Ihe members of the 
Legislature of North Carolina ever voted for a law to sell 
poor " but respectable neighbor men" as slaves to free 
negroes') We hope not, yet the assertion may be made 
with as much truth of this law as of the Indiana law. Ex- 
amine for your.'^elves the law of North Carolina. 

By this law of our own Slate, which we quote from mem- 
ory, not having the book before us, it is provided that certain 
persons who are idle and di.-sorderly in their conduct (not 
confined to those who are convicted of crimes, as the Indiana 
law was) should bo " hiied out," ''"but if such persons were 
' of ill fame, so that he or they could not be hired out for ihe^ 
'costs, nor give sulhcient security fur the same, and his ot^ 
' their future good behavior, in that case, il shall and may 
' be lawful for said court to cause the offender or olfenders 
' to receive thirty-nine lashes on his or their bare back, after 
' which he or they shall be set at liberty, and the costs arising 
' thereon shall become a couniy charge; which punishment 
' may be inllicled as often as the person may be guilty, allow- 
' ing twenty days between the punishment and the offence." 

Consult the journals of Ihe Legislature, when the revised 
statutes were adopted, and learn how many supporters of the 
Administration voted for this law. 

But to show how careful General Harrison was, as he has 
always been, of the rights of the poor, we call your attention 
to the following section of a law of the Territory of Indiana : 

" Exiract from the laws of the Indiana Territory, printed at Vin- 
cennes, by Messrs Stout and Smoot, in 180', and now in the libra- 
ry of the State Department, Washington city." 

Yes, extract from the very same book from which Messrs. 
Montgomery and Hawkins copied their extract. 

We copy the following from page 343, chapter 48, section 
Dili, of the same book : 

"No negro, mulatto, or Indian shall at any time purchase any 
servant other than of their own complexion, and if any of the 
persuoti aToresulU bliull, ncverrhele.ss, presume to purchase a white 
servant, such servant shall immediately become free, and bhall be 
BO held, deemed, and taken." 

Signed as follows : JESSE H. THOMAS, 

Speaker of the House of Representatives. 
B. CHAMBEltS, 
Presiden^flhe Council. 
Approved, September 17, 1807. 

• WM. HENRY HARRISON. 

Now, fellow-citizens, we can repeat the words of the 
circular, and say " we deem comment useless." and will 
therefore only say, " that on the 17th day of Seplember, 1807, 
Gen. Wm. Henry Harrison, the then Governor of the Ter- 
ritory of Indiana," (the same man who is the son of Benj. 
Harrison, a signer of the Declaration of Independence ; the 
same man who was appointed Governor of the Territory of 
Indiana by Thomas Jelferson, the author of the Declaration 
of Independence, in the year 1803 and in 180G, afleiwards 
by Mr. Madison in 1800, after this law had been passed ; 
the same man who fought and conquered at Tippecanoe and 
the Thames; the same man whom cut-throat abolitionists, 
and all lioisc thieves, hog thieves, housebreakers, and forgers, 
who do not wish to be made to work, hato so bitterly ; this 
same man who lost his seal in Congress because he defended 
Southern rights ; this same AVin. Henry Harrison) " actually 
signed the above bill" which forbid a negro to purchase a 
white servant ! although that while set rant had been con- 
victed by a jury ! Now, fellow-citizens, " how would you 
feel" if one of you were the representative of " respectable, 
good neighbor men," and published such a circular 1 "Anil 
only to think of what would be your feelings," if one of you 
had published such charges against an honest old soldier, and 
said "the above is a true statement of facis on record 1" 
" We appeal lo every honorable man among you, (not totally 
bhiuled by parly prejudice,) « ho loves his friends, his liberty, 
and his country, to pause, reflect, and examine well the prin- 
ciples and recorded acts" of thosetncn who will thus grossly 
insult your understandings. 

AVe leave the Indiana laws here. 

Messrs. Monigomery and Hawkins also cive an extract 
from the journal of the SiHato ol' Ohio in 1821, from which 
we talic the fi^llowing : 



"Mr. Fithian llien moved to sUike out the 19tli section of the 
bill Bs follows : 

*'' Beit further enacted, Tiiat when any person s/ia// fie -im* 
prisoned e'\i\\Gv M^on execution or othei'wise (or ihc non-payment 
of a fine or costs, or both, it shall be lawful for ihe shcrill" nf ihc 
county to sell out such person as a servant to any person wiiliin 
this State who will priy tlie whole amount due for the shortest 
period of service ; of which sale public notice shill be given at 
lea^t ten days ; and upon such sale being effected, the slicrilf 
ehall give to the purchaser a certificate thereof, and deliver over 
Ihe prisoner to him, from which time the relation between such 
purchaser and the prisoner shall be that of master and servant, 
until the time of service expires, and for injuries done by either 
remedy shall be had in the same manner as is or may be 
■provided by law in case of master and apprentice. But 
nothing' herein contained shall be construed to prevent pprsons 
beingdischarged from impiisonmenl according to the provisioj}s 
of the 37th section of (he act to which this is supplement ary^ 
i/ii shall be considered expedient to grantsuch discharge : Pro- 
vided, That the court, in pronouncing upon any person or persons 
convicted under this act, or the act to which this is supplementary, 
may direct such person or persons to be deiained in prison until 
the fine be poid, or the person or persons otherwise disposed of 
agreeably to the provisions of this act. 

" Which motion was decided in the afTirniative : Yeas 20, n;iys 
12." 

Amoncr the 12 nays, it seems, the name of Harrison is 
found. This law seemed in its terms lo prescribe that the 
relation between the parties should be that of" master and ap- 
prentice." It only related to those who were " imprisoned." 
Messrs, Montgomery and Hawkins have not ventured lo say 
that " neighbor men and neiuhbor women," under ihis law, 
nould be sold as slaves. This is only charged as to (he Indiana 
law. But let us examine this Ohio law, which has heretofore 
been very much misrepresented. 

The first charge against General Harrison was, that he 
voted for a law to sell men for ilobt. In 1831, when this slan- 
der was brought against Gen. Harrison, he wrote a letter lo 
the Editor of the Cincinnati Advertiser, from which we copy 
the following : 

" I would appeal to the candor of your correspondent to say 
whether, if there were an individual confined under the circum- 
stances I have mentioned, for whose fate he was interested, he 
■would not gladly see him transferred from the filthy enclosure of 
a jail, and ihe still more filthy inhabitants, to the comfnrtable man- 
sion of some virtuous citizen, whose admonitions would check his 
vicious propensiies, and wlinse authority ovoi him would be no 
more than is cxercided over thonsands of apprentices in our coun- 
try, and those bound servants which are tolerated in our as well as 
in every other Slate in the Union. Par from adrocafing the 
abominable principles attributed to me hy your correspondent^ 
I think that imprisonment for debt, under any circumstance 
but that where fraud is alleged, is at war icith the best princl- 
plesqfour Constitution, andought to beabolished. 
" I am, sir, your humble servant, 

."WM. H. HARRISON." 

In 1S36, Gen. Harrison wrole a letter to Mr. Pleasants, 
relating totliis subject, from which we quote thefollowing : 

" So far from being willing to sell Jnev for debts which they 
areunable'to discharge, I am, and ever have been, opposed to 
all imprisonment for dtbt. Fortunately, I have it in my pouer 
10 show that such has been my Ojtablished opinion ; and that, in a 
public capacity, ! avoweil and acted upon it. Will those who have 
preferred the unfounded and maliciuus accusation refei to the ionr- 
nals of the Senate of the United Siote^, 2d Session, ]&;h Congress, 
pa&e 235 ; it will iliere be seen that / was one of the committee 
which reported a bill to abolish imprisonment for debt. When 
the bill wasbefne the Senate, 1 advocated its adoption^ and on 
itspassage voted in its favor. [See Senate jouiual, 1st Session, 
20tli Congress, pages 1(U and 102 ] 

" Ilis not a little remarkable, that if the effort I am accused of 
having made, to subject men to sale for the non payment of their 
debts, had been successful, I might, from the state o^ my pecuni- 
ary circumstances at the time, have been the first victim. I re- 
peat, the c'large is a vile calnmny. At no perio I of my life would 
I have consented to subject the poor and unfortunate to snch a de- 
gradation, nor have omitted to exert myself in their behalf, against 
such an attempt to oppress them. 

" I am, dear sir, with great respect, your humble servant, 

'-• \VM. H, HARRISON. 

*' J. H. Pleasants, Esq." 

Although this charge is not made in the circular, it has 
been made in many newspapers, and we feel bound to let the 
whole truth be known lo you. Like all the other thousand 



slanders against Gen. Harrison, the examination redounds to 
his credit. He was influenced by feelings of humanity in 
wishing lo relieve prisoners from the loathsome vapors of a 
dungeon, that they might, as apprentices, work out their 
fines, 

Mr. Mason, of Ohio, who is wellacquainted with the laws 
of that State, in a speech recently made by him, very satisfac- 
torily explains this vote. Mr. M. says ; 

"Sir, I v;iah now to call your attention to the vote of Gen. Har- 
rison, and the circumstances under which it was given. The at- 
tention of the Legislature of Ohio, during its session of l320-'2l, 
was anxiously directed to tlie consideration of some plan for the 
relief of the people, then suffering undera degree of distress and 
embarrassment unexampled in the history of that State. With a 
currency depreciated and deranged, tlve financial resources of the 
State crippled, and a Treasury exhausted, the people loudly com- 
plained of the almostintolerablc burden of taxation ; they demand- 
ed retrenchment and refoim in the expenses incident to the ad- 
ministration of the criminal laws of the country. In this po&ture 
of public affairs, with a gradually increasing expenditure for the 
prosecution and punishment of offenders, and a penitentiary 
crowded with convicts, ihit had become an annual charge on the 
Treasury, the Legislature assembled, and undertook to provide a 
remedy for the grievances complained of, by insiitutinga revision 
of the entire criminal code of the State. The task was one ofgyeat 
difficulty and labor ; but it was accomplished with as much suc- 
cess as waa attainable in the then condition of the country. The 
great object in view was to diminish the public expenditures, in 
criminal cases, by reducing (hem to the lowest point consistent 
wiih the ends proposed lo be secured by the due and proper ad- 
mini=iration of punitive justice. To effect this, the House of Rep- 
resent: tives passed a bill entitled ' An act supplementary to the 
act for thepunishm&nt of certain o fences therein named f and 
sent it to the Senate fir concurrence. Several new provisions 
were introduced into this bill. By it certain olTonces which had 
before been punished by imprisonment in the penitentiary were 
made punishable by fine aiut imin-isonment in the county jiils." 

It was this bill " for the punishment of certain ofl'ences 
therein named," which contained the 19th section to which 
we have just referred. In that IDth section it will be seen 
as follows: "But nothing herein contained shall be con- 
strued to prevent persons being di:^chargpd from imprison- 
ment according to Ihe provisions of the 37th section of the 
act to which this is supplementary," &c. 

In the " act for the punishment of certain offences therein 
specified," passed February II, 1815, (See Chase's Statutes, 
2d vol. pages 893, 4, 5, 6, 7,) you will find the 37th section 
here referred to, and which is as follows : 

"S:c. 37. That when any person shall be confined in jail for 
the paymcnl of any fine and costs that may be inflicted agreeably 
to the provisions of ibis act, the county commissioners may, if it 
be made to appear to their satisfaction that the_person so confined 
cannot pay such fine and costs, order the sheriff or j liler of such 
county to discharge such person iVom imprisonment ; and the 
sheriff or jailer, upon receiving such order in writing, shall dis- 
charge such person accordingly : Provided^ Tliat the commis- 
sioners may, at any time thereafter, order and cause to be issued 
an execution agaiuist the body, lands, goods, or chattels of the per- 
son 30 discharged from imprisonment for the amount of such fine 
and costs." 

Remember the 37lh section was retained and Gen. Harri- 
son voted for this, and it expressly provides that, if any per- ' 
son " cannot pay such fine and costs," the counly commis- 
sioners may discharge tlicm. A poor man, therefore, could 
not ^uj'cr by this law. We repeat, this section is not given 
by Messrs. Montgomery and Plawkins. This gives relief 
to those who could not pay the fine, and this provision was 
reiainedin thelaw for u-hlch Gen. Harrison voted. 

But the case is stronger siill. In the celebrated 19th sec- 
tion, against the motion to strike out which Gen. Harri- 
son voleit, it appears that the ciiminal had the same "reme- 
dy which was provided by law in case of master and appren- 
tice." 

Here is the 2J section of the law of Ohio relating to ap- 
prentices, lo be found in Chase's Statutes, vul. 1, pages 585, 6, 
in the Library of Congress: 

" Sec. 2. That if :iny master or inistress shall bo guilly of any 
viisusage, refusal of necessary provis^ion or clothing, cruelty, 
or other ill treatment, so thai said apprentice or servant shall 
h:iV'^ just cause to complain; or the said apprentice or servant be 
guiliy of any misdemeanor, or ill behavior, or do not perform his 
or her duty to his or her master or mistress, then the said mas- 



4 



teror mistress, npprenrlce or servayit, havingjus/ cause of com- 
plaint, may re|mir to any justice aC iho peace in ilie lownsliip, 
who shall, upon ihe opphcaiion by either, i^sne his warrantor 
Bummnna for bringing ihe Siiid master or mistress^ npprenlice or 
servant, betore hini, Hnd iak<^ such order or direction between 
the said muster or mistress, npprf iiti<-e or servant, as the equity 
and justice of the case shall rct^uire." 

Wp are very willin;; any honpst, respectable neighl'or man 
eliould read the 2d Geciion, ihe 37ili seciion, and the lOih sec- 
tion nboVe quoled, ail parts of the law for which Gen. Har- 
rison voted, and form his own i>pinii*n of it. We quit ihis 
pan of ilie sulj-ui by quutin;j iht laws of Ohio. 

By the lawd of Ohio, now in force, no negro or mulatto 
can come und spllk- in lliat S ate unless he proiiuce a cerii- 
ticato of his irefdom, and enter into bond for Iiig good 
behavior and support. A penally is imposed on any person 
who harbors or employs aufh nroro, In be paid to ihu owner 
of eaid negro. The htwa of Ohio tilso provide that runa- 
ways shall tie delivered up to IhL'ir owners, upon their prov- 
ing their properly. IN'r(;roes are not regardtMl in Ohio as 
standing on the same footinjj wnh wlijle (ucn. Neither have 
IVlessrs. Montgoaiery and Hawkins or any other persona 
chartjed that a netjru can purchase as a slave a white man in 
Ohio. 

The above extracts fully show this, if there was no other 
evidence. Bui we quote iho fullowinti from the laws of Ohio, 
copied fiom page 55G uf liie Stutu'ts uf Ohio, vol. 1 : 

*' That no binck or mulatio person or peisons phall hpreafier be 
pernniflr d lo be sworn or etIvc evidence in any court uf record, or 
elsewhere in ibis State, in any cause depending, or marier of con- 
troversy, where ciiber paiiy to the ? me 13 a whd'* [jcrsnn, nr in 
any prose<:uii( n v.hicb &b;dl be ins'.iluled in bt^Kilf of ihia Siale 
against any while person." — Passed January 25, 1S07. 

These are the laws now in force in the Stale of Ohio, in 
which Gi'n. H.irrisnn lives. These laws we are auihorized 
to believe met hia approhatioi., and because he wished to 
punish horse thieves, and hojr thieves, burglars, and forgers, 
in Indiana, to make them work, instead of fecdiniz ihem out 
of the taxes paid by honi st men, iVlessrs. M. and H.WduId per- 
suade you to oppose him, aiid vole for a man who has cllow- 
ed " negro witnesses lo be eKamioed against p. white man," 
and saiti "there was nothing in ihe proceedings which re- 
quired his i(.terfereiice !" 

It remains for yon to s:iy who i=! the more worthy of the 
support of " respectable men " We think wp h ive fully an- 
swered the un'ounded charges of Messrs. Montgomery and 
Hawkins against Gen. Harrison on this score. 

This circularof Messrs. M. and H. seems to have been 
prepared undersome delusion, We are al a los.t lo imagine 
what could have prompted any one to say that Gen, H. had 
"shut himself up, and refused to be seen by any but iiis 
keepers." Again we are told, " he actuilly refuses to be seen 
by, or even spi'ken tn by a poor man." The confiding natures 
of the author^of this circular have surely induced them to be- 
lieve all they see in print. There is scarcely a day of his life 
that Gen. Harrison is not seen ami spolien to by nil whn dt'- 
eire it. His gptierous lu)spitalily isiiijiyid by all who visit 
him. His dunr has always been open to the poor; "the 
string of hU Intoh has never been pulb'd in" when ihey cnllrd 
on him. Bffnre this circidar had reached the hands of Wil. 
White and otlier?, and Gideon M Green and others, Gen. 
Harrison was on his way from his farm to F.»t Meij/s, at 
which place, and at C"lumbus in Ohio, he addressed thou- 
sands of People, of poor 7ncn,v/ho h.'id known him in peace 
and in war. Tht; gaiheritig at Fort Mrig^, ne.iily two hun- 
dred miles from his home, was estimated al 20 000 or 30,000, 
good neighbor men, farmers and mechanics — all of whom 
saw Gen. H. and most of whom must have heard him speak. 
Is it not extraordinary, the-efore, that when Gen Harrison 
had travelled nearly two hundred miles, in unroerved social 
intercourse with the People, ho should be chargeii with refus- 
ing " to be seen by, or even spoken to by a poor man 1" 

Is it not siransre that such a man should be thus accused 1 
He whose whole life ha? been signulizei! by acts uf benevo- 
lence and charily ; the general who put ttie weary stddier on 
his horse while he walked wiih the army ; who, in the severe 
winter of 1812-'13, slept under a thinner tent than any other 
person, either officer or snidier; who, when "his bedding 
consisted of a sioL^le blatiket," gave that blanket to a wound- 
ed soldier who was his enemy ; the general who in battle (as 



U proved by soldiers who were willi him) " was where cannon 
balls and chain-shot flew thick around him ;" who was in the 
fight " where balls flew the thickest, and where steel met steel 
the fiercesi ;" he who partook of the soldiers' fare with '* log 
cabin men," and ate beef roasted before the fire without salt and 
without bread; he who protected the whole Western frontier, 
and delivered thousands of women and chilJreti from tbo 
b.'irhariiies of British and Indian ferocity comluned, he is now 
slandered and charged with retu^^ing lo be seen by or spoken 
to by a poor man ! Oh ! shame, where is thy blush ! Oh I 
conscience, where was ihy voice 1 No man who knows Gen. 
Harrison has ever said or will say he has turned his face away 
from frJind or foo. 

We think we have shown that this circular is grossly in- 
cnrrrcl; that it has shamefully misstated facts; and that 
none but felons, horse-thieves, burglars, hog-thieves, and 
such iiicofoco spirits who slenl and wish to be fed at public 
expcnsf, can object lo this Indiana law v* iiich G^n. Harrison 
approved. We feel confident that in Norlh Ciiiolina, whose 
people are entiiled to the biirh character they have acquired 
for honrsly and patriotism, this will have as little effect as in 
any other country in the world. 

But, fellow-citizens, we feel bound, from a sense of duly, 
to call your serious aiteniiun to other matters more worthy the 
consideration of palvii'ts thun a harmless law, which has never 
bren regarded by the People of Indiana witvi terror or alarm, 
and which, although it was enacted more ihan thiriy-twoyeiirs 
ago, has never injured any man as fur as we are informed, and 
certainly never was complained of before by honc»t men. It 
has never been looked upon as a matter of complaint against 
Gtnerd Harrison ; for bnih the States of Ohio and Indiana, 
in 1836, wheiff these stale slandrie were repealed, gave him 
larije majorities as their candidate for the Prtsidency. 

We allude to the Messnire of 'he President and the Re- 
port of ihe Secretary of War. The Sicrelary of War mado 
a report, at the co mencement of the present Congress, to the 
President of the United States, and the President sent that 
report to Congrtss, with his message. Of cour>e the repor? 
was read by the President. It was only from this report h« 
could obtain information of the state of the Army and of mi 
litary aff.iirs. If he did not read the report, he has acted hy 
pocriiically to the American People, is guilty of gro?s negtec 
of duty, and must be ignorant of those mailers which it v 
his dutv In be acquainted with. We are unwilling lo accus 
the President of such conduct. 

We give you an extract from this report of the Secretary 
of War: 

*' It is proposed to divide the United States into eight military 
districts, and tn organize the militia in each district, so as to havo 
a body of twelve thousand five hundred m^n tn active service, and 
onntlirr of equal number as a reserve. This would give an arm* 
ed militia force of two hundred thousand men, sodiilledand 
stationed as to be redely to take their pbiccs in the ranks in dc- 
fen-e of th^ country, whejierer cnUed npnn tn oppose the enemy 
or reppl the invader. Tlie aye of the recruit tn be from 20 te 37 ; 
the whole term of service lo be ei^ht years — four ypars in the first 
class, and four in the reserve : one fourth part, twenty five thou* 
pand men, to le^ve the service every year, passing, at the conclu- 
sion of the first term, into the reserve, and exempted from ordi- 
nary militia ihily altogether al the end of (he second. In this 
manner, twcity-five thouS'ind men will be discharged fiom iniliii^ 
duty every year, and twenty -five ihonsnnd fresh recruiis be receiv* 
ed into the seiviee. I' will be sulTicieiu fir all useful purposes, 
that the remainder of the militia, un ler certain legulaiions pro 
vided for their government, be enrolled anri be musiered at Ion' 
and stated intervals ; for, in due process itf liinc, nearly the whoL 
mass of ihc miHiia will pass throngli the first and second classcf 
nnd be either mr mbcis of the ncilv.' corpp, nr of the reserve, 
counted iimon'e the exempts, who will I.c lial)le to be called upc 
only in periods of in vision or imminent peril. The inonncr of ei 
rolment, the number of rl.iys of pcrvii'e, and the rate of cotjipen 
palion, ought to be fixed hy law ; hi.t the derails had better he le. 
Fulj CI to regulation — a plan cf which I am prepared to suhmU 
to yon" 

The President, in bis message, recommends this reporf 
and /*a7i to our con^iJeration. Hear this extract from hi* 
me?isaire : 

"The present condition of the defences of oar principal sea 
port and navy yurds, «>* lepr'sentfd by the accompanying repot* 
of iho Secretary of War, calls for the early ;tnd serious attention 
ofCuneress; and, as connecting itself iniimately with this sub- 
ject, I cannot recommend too itrongly to your consideration 



T}i-E PLAS submitted by that officer for the organization of the 
militia of the United States/' 

On the 9(h of March, the House of Representatives pass- 
ed the following resolution: 

" /Resolved, That the Secretary of War be requested to com- 
municate to this House his plan, in detail, for the reorganization 
of the militia of ihe United States." 

Here you will observe the Secretary of War speaks of a 
" plan" ready to be submitted to the President. The Presi- 
dent, in his messat^e, rrcommends strongly to the considera- 
tion of Congress "the plan" submitted by that officer for 
the reorganization of the militia of the United States, and 
the resolution of ihe House of Representatives culls for his 
" plan." 

A few daya after, in March, 1840, the Secretary sends his 
plan, and to some extracts from this, we invite the attention 
of fill who profess to be republicans. 

Section first provides that every able-bodied citizen of the 
respective States, beiween twenty and forty-five years of age, 
shall be enrolled in the militia ; and, also, this section pro- 
vides as follows: 

" That every citizen sn pnrolled and nofified shall, within three 
mnn\b^ iheT'^aher, provide himself with a good musket^ boreof 
capacity to receivea lead ball of eighteen in thepound, asuffi- 
dent bayonet and belt, tioo spare Jlinfs, knapsack, cartridge- 
bex t'l contain ar least twenty- lonr cai tridges suited to the bore of 
his mufket, and each caitririge to contain a ball and three huck- 
phnt, rnd a ptilTicienT qiinntriy of powder ; or with a good HJle, 
knapsack, shot pouch ^ and powder horn or flask, with suffi- 
dent powder for twenty fcur charges, and two spare Jtints^ 
and that lie &hall appear so nrmed, a^rcoutred, and provided when 
called out for exercise or into service ; and every citizen so cn- 
lolled and providing himself with the armp, ammuniiinn, and ac- 
coutrements rrquired as aforesaid, shal! hold the same exempted 
from all suits, disiresees, execution?, or sales for debt, or for the 
payment of taxes." 

The 13th and I4th seclions of this " plan" are as follows : 

" I3th. That the deficit (.ccasinned by the transfer annually of 
one-fourth of the active to the reserve force, and by the dis- 
charge nnnmlly of nne-fonrih of the re-erve. be yearly supplied 
by adraught or by voluntary service frovx the mass. 

" ]4ih. That, for the greatei convenience of instruction and 
discipline of the ACTtVE and sedentaby force, the territory of 
the United Statps phiill be divided mio ten district?, which, until 
oihertiise directed by law, shall be comprised as follows : 

First District. Men. 

Maine, New Hampshire, Vermont, ... 9,200 

Second District. 
Massachusetts, Rhode Island, Connecticut, - - 9,600 

l^hird District. 
New York, ------ 18,C00 

Fourth District. 
New Jersey, Pennsylvania, - - - - 13^200 

Fifth District. 
Delaware, Maryland, District nf Columbia, Virginia, 10,400 

Sixth District. 
North Carolina, South Carolina, Georgia, Florida, - 10,000 

Seventh I Hslrict, 
Alabama, Mississippi, Lnutsiana, Tennessee, - 3,800 

Eighth District. 
Arkansap, Missouri, lovva, - - - - 2,000 

Ninth District. 
Kentucky, Illinois, Indi^ina, - - - - 7',400 

Tenth District. 
Ohio, Michigan, Wiskonsin - - - - 9,200 



Total, 



97.800 



The following is the 17ih section of this plan for subvert- 
ingr the liberties of the country, and we hope you will read 
and remember it : 

" l7th. That the President of the TTpifed Slates be authorized (o 
call forth and assemble such numbers of the active force of the mi- 
lirio; at such places within their respective dif=tricts, and at such 

time?, not exceeding; twice, nor days in the same year, as he 

may deem necessary ; and during such period, includini; the time 
when going to and leturning from the place of rende^v. us, they 
sliali be deemed in the service of the United States, and be subject 
to such xegulaiions as the President may think proper to adopt for 



their instruction, discipline, and improvement in military know- 
ledge." 

By this section, the President would have power to as- 
semble such numbers, at such places, and at such times, 
within their respective districts, not exceeding twice in one 
year, as he may deem necessary ! By this section, if Con- 
gress should enact such a law, your " good neighbor men" 
might be forced to march to Florida or Georgia when the Pre- 
sident pleased. Would not the President, with a sub*Trea- 
surv bank, and with all this power, be a King 1 

The 20th section is in the following words : 

"20th. That the 7)i(7;7m of the United States, or any portion 
thereof, when employed in the Fervice of the United States, shall 
be subject to the same rules and articles of war as the troops of 
the United States. And that no officer, non-commissioned officer, 
musinian, or private of the militia shall be compelled to serve more 
than six months after his arrival at the place of rendezvous, in any 
one year, nor more than in due rotation with every other able-bo- 
died man of the same rank in the regiment." 

What these rules and articles of war are we will show pre- 
senily. 
The 28th section is in the following words : 

" 23th. That every officer, non-commissioned officer, artificer, 
musician, or private of the militia, who shall full to obey the orders 
of the United States in the case provided for calling forth the ac- 
tive force, or parts thereof, (in the 17ih head,) shall be fined, and 
forfeit a sum not exceeding three months' pay, nor less than half a 
month's pay, according to the c'rcumstances of the case, as a court 
martial may determine ; and that every officer, non-commissioned 
officer, artificer, musician, or private of the mihiia who shall fail 
to obey the orders of the President of the United States, in any of 
the cases cited in the I8ih and I9lh heads, shall forfeit a sum not 
exceeding one year's pay, and not leps than one month's pay, to be 
determined and adjudged according to the circumstances of the 
case by a court niartial,iand such officers shall, moreover, be liable 
to be cashiered by sentence of a court martial, and be incapacitated 
from holding a commission in the militia for a term of four years, 
atthe discretion of the said court; anri such non-commissioned of- 
ficers and private? shall be liabl'^ to be imprisoned, by the sentence 
of a court manial, on failure of the payment of fines adjudged 
against them, for one calendar month for every five dollars of such 
fine." 

Now let U3 inquire bow these costs and fines are to be col- 
lected. Wf- cannot illustrate this more forcibly than by quot- 
ing a report from the minority of the Committee on the Mili- 
tia, repotted by Messrs. Triplett, Carter, GooDE,arid Ridg- 
WAT. This document is Rep. No. 585, of the present session 
of Congress : 

" Who is to pay the costs of the marshals and depnty marshals 
who are to be sent out in the several States to collect the fines thus 
assessed by the courts martial? The an?;wer to this inquiry is 
found in the following extract from tlie20ih section: 'That the 
marshal, or his deputy, having received the said certifirnte, shall 
forthwith proceed to levy the said Jines, with costs, by distress 
and sale o( the goods and thiitels ol the delifiq'ieni ; whu.h costs, 
and the manner of proceeding with respect to the sale of the goods 
distrained, shall be agreeably to the laws of the State in which the 
same shall be, as in other cases of distress ; and when any non- 
cnmmissioned officer or private shall be adjudged to suffer impri- 
sonment, there being no goods or chattels to be found whereon to 
levy the said fines, the marshal of the district, or his deputy, shall 
commit such delinquent to jail during the term of which he shall be 
so adjudged to imprisonment, or until the fine shall be pair!, in the 
same manner as ofher persons condemned to fine and imprison- 
ment at the suit of the United Sraies may be committed.' From 
this quotation, it appears that delinquent militiamen nre to pay the 
costs. Taking the lowest possible estimate, of two dollars and fif- 
ty cents, for the costs of judgment and issuing the execution, let 
us see what will be tlie costs on a jiulgment originally for twenty 
rioilars. When the delinquent militiaman lives two hundi ed miles 
from the place of the court sitting, the niarshal's fees are fixed by 

law, for every mile he travel?, at cents in going to levy the 

executinn. This would make hi? fees fur travelling alone. 
" Which would make the account stand thus : 
The original judgment - . - - 

Cost of judgment and execution . - . 

Marshal's fees for travelling 200 miles, at 5 cents 
per mile - - - . . 

For serving process of execution - - - 

S34 50" 
We ask you to pause and reflect upon this monstrous 
scheme; and remember that every man who votes for Mr. Van 



S20 


no 


2 


50 


10 


00 


2 


00 



6 



Buien will be considered, according to the locofoco doclrinp, 
08 votino to approve his measures. Do you approve of this 
scheme 1 If not, hovt will you express your diaopprobation 
except at the ballot-liox 1 

But this is not all. By the first section, each man must fur- 
nish himself Willi a musket, balls, knapsack, &c. Could this 
be done at less than iwenty dollars for each rnanl Are you 
willing to submit to this onerous tax 1 

Read the 17'h section of (his " plan ;" see the power to be 
given to " the President ;" see that the men are to " be deem- 
ed in the service of the United States;" see ihat the soldiers 
are to "be subject" (hard words to a Republican ear) " to 
such regulations as the President may think proper to adopt 
for their instruction, discipline, and improvement in military 
knovfledge." Read the Constitution of the United Stales, 
and see itthe power is not there given to" Congress" to pre- 
scribe the discipline, " reserving to the Slates respeclivdy the 
appointment ol the officers, and the authority of training the 
militia," according to the discipline "prescribed by Congress," 
And osk yourselves, can you sanction such a flagrant viola- 
tion of the Conslilulion ofihe United States! 

Remember-, then, the 20ih section prescribes that the mili- 
tia, when employed in the service of Ihe United States, (as 
in the 17th section,) " shall be subject to Ihe same rules and 
articles of unr as the troops of the' United States." Now let 
us see what a few of these " rules and articles of war" are: 

In the 4th volume of the l.uvs of the United Stales, pub- 
lished by John Bioren and \V. John Duane, Philadelphia, 
anil R. C. Weightman, Washington City, 1816, you will 
find " an act for establishing rules and articles for the gov- 
ernment of the armies of the United Slates," approved April 
10, 1806. 

_ From this act we make a few extracts for your considera- 
tion: 

Art. 5. Any officer nr soldier who shall use contemptuous or 
disrespectful words ngainst the Piesident of the United Slates, 
ogainst the Vice President thereof, ogainsl Ihe Congress of the 
United Stales, or against the Ciiief Maeiislrate or Legislature of any 
of the United States in which he may be quartered, if a commis- 
sioned officer, sliall be cashiered, or otherwise punished, as a 
court martial shall dirert ; if o nor, coromissioncd ofTmei- or sol- 
dier, he shall suffer such punishment as shall be inflicted on him 
by the sentence of a court martial." 

"Art. 9. Any officer or soldier who shall strike bis superior 
officer, or draw or lilt anv weapon, or offer any violence against 
him, bein? in ihc execution nf his nflice, on any pretence whatso- 
ever, or shall disobey any lawful command of his superior offi- 
cer^ shall suffer death, or such other punishment as shall, accord- 
ing to Iho nature of his offence, be inflicted upon him by the sen- 
tence ofa court martial." 

[And if negro testimony is admilled on the trial, and the 
President should finil nothing in it to " require his interfe- 
rence," how easy a matter would it be for the negro servants 
of a superior officer to accuse and convict a poor white man, J 

"Art, 41. All non-cominissinned officers and soldiers, who shall 
be found one mile from the camp, without leave in writing; from 
their commanding officer, shall siilTer such punishment as shali be 
inflicted upon ihoin by the sentence ofa courl-inartial. 

"Alt. 42, No officer or soltlier shall lie out ol his quarters, garri- 
son, or camp, without leave from his superior officer, unrler penal- 
ty of being punished, according to the nature of his offence, by 
the sentence of a court-marrial." 

"Art. 67, No garrison or regimental court-martial shall have the 
power to try capital cases, or coiriinissioncd officers, neither shall 
they inflict a fine exceeding one month's pay, nor imprison noT 
put to hard labor any noii-cominissiuncd officer or soldier for a 
longer lime than one intjuih," 

This article limits the power ofa regimental court-marlial, 
but not of a general court-martial, A " general court-martial" 
could, therel^ore, under these articles, p?if (o Aard /oior a sol- 
dier f T a longer time than one month. Is not this worse 
than selling a horse thief, according lo the Indiana lawl 
And may not negro witnesses be admitted upon the trial, ac- 
cording lo Lieut. Hooe's easel 

" Alt, inl. The foregoing articles ore to be read and published 
once in every six months, to every garrison, regiment, troop, or 
cnmrany, mustered or to be inusiered in the service of the Unit- 
ed States, end are lo be duly observed and obeyed uy all otficera 
and soldiers wire are or shall be in said service." 

We repeat, by the 17ih section of the plan recommended 
to our consideration by the President, the militia will be con- 



sidered in the service of the United States; and by the 20th 
section of the same plan, they will " be subject" to the "rulea 
and articles of war, as the troops of the United Stales." 

These tilings require no cominent from us. Nothing we 
can say can make this " plan" appear more hideous and hor- 
rible. 

We have alluded to the admission of negro wilnessea 
against a while man. We will give the facts. 

In the year 1839, a court martial was held at Pensacola, 
before which Mr. Geo. Mason Hooe, a native of Virginia, 
and a Lieutenant in the Navy, was tried. Ttvo negro wit- 
nesses were examined on the trial, contrary to his wishes and 
remonstrances. The pr^ ceedings were sent lo the Secretary 
of the Navy; he afiproved them. Mr. Hooe presented a me- 
morial tolhe President, calling his attention lolhe fact, that 
negroes had leslified against him. The President, after the 
proceedings of the trial were laid before him, and after he had 
read Mr. Hone's respectful memorial, endorsed on the papers 
the following words: 

"The President finds nothing in the proceedings in the case of 
Lieiii. Hone wh-ch requires his interference, AI, V, B." 

We submit lo you an extract from the proceedings which 
have been sent to Ihe House of Representatives, and ask you 
if there is "nothing" in the Presideni's conduct which re- 
quires your interference at the polls. The following we have 
had copied from the original, sent by the Secretary of the Na- 
vy to the House of Representatives : 

Extracts from the trial of Lieut. George M. Hooe, of the U. 

S. Navy, communicated, to the House of Representatives on 

the 2ith June, 1840. 

James Mitchell, captain's steward of the U. S. ship Vundalia, 
called and sworn. 

The accused objected to the examination of ihe witness, upon 
ihe ground ihat he was a colored man. 

The Court, after deliheroiion, did not consider the objtclion a 
valid one, and ord --red the examination lo proceed. 

The accused then offered a paper writing, of which the follew- 
ing is a copy, and desired that the same be spread upon the re- 
cord : 

"The accused bogs leave lo stale lo the Court most distinctly 
that he solemnly protests against the evidence of lliis witness be- 
ing received and recorded. Il is far fr<im Ih-i wish of the accused 
to object lo any evidence which the Court may deem legal; hut 
the witness is a colored man, and ihercfore, in the opinion of the 
accused, is not a competent witness even bcf-ire this tritmnal, 

"G. M. HOOE, 
" Lieutenant U. S. Navy." 

The accused presented a paper wriling, of which the following 
i.-3 a copy, and requested that the same be spread upon the record, 
which was orilered by Ihe Court: 

" The accused, having protested against the evidence of ibis 
witness, on the ground thai he conceives his testimony lo bo alto- 
geliier illegal, that he knows it would be so considered l>efure the 
civil tribunals of iliis Territory, the forms and customs of which 
he hu.ribly thinks sh'jukl be as closely followed by a martial court 
as possible, therefore asks leave lo spread upon the record the 
fact that he cannot consent to, and has totally declined, crnss-ex- 
amining ihis witnesB. " GEORGE MASON HOOE, 

"Lieut. U. S. Navy," 

Daniel Waters, captain's cook of the U, S. ship Vandalia, call- 
ed and sworn. 

The accused presented a paper wriling, of which the following 
is a copy, and requested that the same be spread upon the record, 
which was ordered : 

'■ The Court having decided lo receive and record the lestimnny 
of colored persons, the accused, in regard lo this witness, can only 
reiterate his ohjeclions as set forth in the case of Milchell, the 
captain's steward. The .Tcciiscd will ptirsuo the same course with 
this witness thai he decided lo take with the other colored man. 
"GEORGE MASON HOOE, 

"Lieut. U. S. Navy." 

[At the close of the proceedings of the Court is the appro- 
val of ihc Secretary of ihe Navy in these words:] 

"Approved. J.K.PAULDING." 

Extract from the letter or memorial of Lieut. Hooe to the 
President of the United States. 
There is one other point in Ihe proceedings ofihe Court (touch- 
ing iheir legality) lo which I invite ihe parliculnr altenlion of 
your Excellency, Il respects a matter as to which all Sniiihern 
men are deeply sensiiive ; and, if not overruled by your Excel- 
lency, will assuredly drive many valuable men fi-om the Navy, In 



the progress of the proceedings of this Court, two negroes, one 
the cook, the other tlie private steward of Commander Levy, were 
introduced as witnesses agaioa't me. I protested against their lo- 
gal competency to be witnesses in the Tei ritory of Florida, on the 
ground that they were negroes. The Couit disregarded my ex- 
ception, and, as the record shows, they were allowed lo be exam- 
ined and to testify on my trial. This I charge as a proceeding 
illegal and erroneous on the part of the Court ; and, if so, accord- 
ing to established law and precedent, must vitiate and set aside 
theii whole proceedings. 

Letter from the Secretary of the Navy to the President, 

Navy Department, Dec. 14, 1839. 
Sir ; In obedience to your directions, 1 have the honor to trans- 
mit a report in the case of Lieut. George Mason Hooe, and to re- 
turn the memorial addressed to you by him in relation to the pro- 
ceedings of the Court on his trial. 

I am, very respectfully, your obedient servant, 

J. K. PAULDING. 
Endorsement on the above letter, by Martin Van Buren, Pre- 
sident of the United States, with his own hand. 
"THE PRESIDENT FINDS NOTHING IN THE PRO- 
CEEDINGS IN THE CASE OP LIEUT. HOOE WHICH 
REaUlRES HIS INTERFERENCE. M. V. B." 

Now, fell'jw-citizens, we a^k you to contrast with this the 
following from the same book'in which Messrs. Montgomery 
and Hawkins found their law to sell " jjood neighbor men ;" 
or, as the law says, horse thieves, burglars, hog thieves, and 
Buch other "good neighbor men" as committed crime, and 
would not work. 

Extract from the same law book from which Messrs, Mont- 
gomery and Hawkins took their extract ; 

"CHAPTER 46— Page 311. 

"AN ACT regulating the practice in the General Court, and 

Court of Common Pleas, and for other purposes. 

" Section 24. No negro, mulatto, or Indian, shall be a witness, 

except in pleas of the United States, against negroes, mulaltoes, 



or Indians, or in civil pleas, where negroes, mulatloes, or Indians 
alone shall be parties. 

"JESSE B. THOMAS, 
" Speaker of the House of Representatives. 
"B. CHAMBERS, 
" President of the Council. 
"Approved, Sept. 17, 18n7, 

WILLIAM HENRY HARRISON," 

We have now exposed the misstatements and misrepresent- 
ations of Messrs, Montgomery and Hawkins. In doing so, 
it has not been our desire to wound their feelings, or to in- 
dulge in harsh and offensive language. We have prepared 
this communication at the request of many good people 
from North Carolina. We feel we are but doing justice 
to General Harrison, a meritorious public servant, whose 
character is of more value to him than all the wealth of 
earth, whose private life has been hiiherlo unsullied, with- 
out a stain and without reproach, and whose services in the 
field have shed a lustre upon American arms that all patriots 
will think upon with exultation and pride. 

The fame of our great men is the most valuable property 
of our nation. That fame it is our duly and our pride to 
sustain and to defend. In the name of oar Revolutionary 
Patriots, we call upon you to pronounce condemnation 
on the "plans" of this corrupt Administration. We call 
upon the log-cabin men ! upon such as fought at Tippeca- 
noe, New Orleans, and the Thames, to come to the rescue of 
Iheir country, and to save us from the disgrace of being pun- 
ished by the testimony of negro servants, and from the hor- 
rors ef a standing army. ED. STANLY. 

LEWIS WILLIAMS, 
ED. DEBERRY. 
K. RAYNER. 
Washington City, June, 1840, 



146 



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